Family Leave Act- Different State to State?

[Littleflower]

Hi,
I was looking up the Wisconsin FMLA on the internet and it sounds like it only allows 6 weeks for a birth. For some reason, laugh if you want to, I thought FLMA allowed for 12 weeks. It just does not have to be paid by the employer.

I would love to hear other people's experiences or plans using FMLA.

TIA!

[lml41981]

I think (and you may want to verify this with Di in the HR Office is Open thread in Careers) that FMLA allows 12 weeks in a 2-year period. Did the site you read say 6 weeks per year?

That said, I think FMLA is a baseline...meaning everyone who works for a company that is required to comply with FMLA has at least these benefits, but some states (like California, from what I hear) are much more employee friendly.

[Littleflower]

Thanks for replying LML,

Well, I am not sure I understand it. I do believe it says 6 weeks every 12 months. And i was looking directly on the Wisconsin website, so I am assuming that would apply to my company.

Here's my next question- I know my company offers 6 weeks for a vaginal birth and 8 for a c-section, does this 6 weeks include that or is it an add on? I doubt it, but that way I would get my 12 weeks.

I just can't believe I will only get 6 weeks. I mean, I am not expecting it to be paid or anything. This is horrible, I had really though FMLA would cover me for 12.

[lml41981]

I'm really not sure...I would speak to HR about it.

[dionysia]

Hi Littleflower,

FMLA is a federal law that applies to companies with 50 or more employees. It provides for a 12 week unpaid leave for a serious health condition (pregnancy/birth counts!). Employees must have worked for their company for 1 year in order to be able to take FMLA and can only take 12 weeks in a 12 month period.

Many states have mini-FMLA laws that apply to employers that are too small for the federal law and/or have more generous leave laws.

I found a comparison of the WI FMLA vs the Federal:
http://www.dwd.state.wi.us/er/family_and_medical_leave/publication_erd_9680_p.htm

As for your question about c-section vs vaginal birth, I would address those to your HR department. They will know specifics about their short-term disability policy, which will most likely run concurrently with FMLA.

HTH!!
Di

[Littleflower]

Thank you so much Di. It does look like under the WI. FMLA I will only get 6 weeks. This is such a bummer. So I guess now I just have to hope we have a short term disability policy.

Thank you again though!

[dionysia]

Thank you so much Di. It does look like under the WI. FMLA I will only get 6 weeks. This is such a bummer. So I guess now I just have to hope we have a short term disability policy.

Thank you again though!Are you not eligible for the Federal act?

Di

[Kristen78]

I am under the impression that the national FMLA act is the bare minimum for family leave if it meets all the requirements by FMLA.

I live in Vermont and here we have our own FMLA act. It is pretty much like the federal law, but it expands the benefits to smaller companies. The federal FMLA act is for companies with 50+ employees. That can be hard to find in VT. The VT law expands the benefits to companies with 10+ employees.

[Littleflower]

Oh! OK, well see part of the problem is that I am an absolute moron when it comes to understanding benefits.

See, I thought that I had to follow the FMLA as it is stated in WI. Am I eligible for the Federal one if I meet all Federal requirements? So is the state thing just to cover those that don't meet the requirements, such as 50 employees, etc.? Because we have more than 50 employees and all the other requirements.

I am sorry to be so lame and appreciate so much your help.

[dionysia]

Oh! OK, well see part of the problem is that I am an absolute moron when it comes to understanding benefits.

See, I thought that I had to follow the FMLA as it is stated in WI. Am I eligible for the Federal one if I meet all Federal requirements? So is the state thing just to cover those that don't meet the requirements, such as 50 employees, etc.? Because we have more than 50 employees and all the other requirements.

I am sorry to be so lame and appreciate so much your help.You aren't lame; you just answered your own questions! ;)

Yes, the mini-FMLA that WI has is to cover those who aren't eligible for the Federal act. Plus if any of the other parts of the WI law are more generous to the employee than the Federal one, your employer has to follow the WI act.

Di

[Littleflower]

Thank you everyone! Di, I really appreciate it.

Now I just need to face HR and see what they say!